Terms of Use | These Terms and Conditions are effective as of February 15, 2010 |
Terms and Conditions |
| Prior to using our website, please make sure you carefully read and understand the terms of use (TOU) (the “Agreement”) below, as it contains important information regarding your legal rights, remedies and obligations. The TOU includes various limitations and exclusions, and dispute resolution clause (s) that governs how disputes will be resolved. |
| A. Introduction |
| Big Daw Inc is a corporation formed and organized under laws governing corporations in the State of Delaware, United States. |
| B. Purpose |
| Big Daw provides various online features and services to jobseekers, employers and advertisers, including the posting of jobs, searching resume databases, employment opportunities and banner advertising (Standard and Featured) (“Big Daw Services”). |
| C. Definitions |
| As used in this agreement, the terms “Big Daw”, “we”, “us”, “our” and similar mean Big Daw Inc. The terms “You”, “you”, “Your”, “your” and “user (s) (“jobseekers” or “employers”)” and similar mean all viewers and/or entities accessing the “Big Daw Website”: includes www.bigdaw.com in its entirety and its related sites owned or operated by Big Daw for the “Purpose” described in these Terms and not for any other reason. |
| D. You |
| The TOU, together with the Privacy Policy of Big Daw and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Big Daw Website govern Your use of and access to the Big Daw Services. Your use of Big Daw Services constitutes your acceptance of the TOU and creates a binding agreement between You and Big Daw. If you do not accept the TOU, do not use the Big Daw Website or Big Daw Services. |
| E. TOU Modifications. |
| Big Daw reserves the right to modify any or all of the Term (s) contained in the TOU at anytime including any other policies that govern and affect the Big Daw Website. If we do modify any or all of the TOU or any other policies they become effective once the changes have been posted to the Big Daw Website. |
| Your subsequent or continued use of the Big Daw Website and/or any of Big Daw Services constitutes your acceptance of any changes. If you object to any changes to our TOU, your only remedy is to immediately discontinue your use of the Big Daw Website and all of Big Daw Services. |
| F. Eligibility |
| You must be at least 18 years of age to use the Big Daw Website and Big Daw Services. By using the Big Daw Website, you represent and warrant that you are at least 18 years of age and that you have the legal capacity to agree to these TOU. You also represent and warrant that you will use the Big Daw Website and its content only in a manner that is consistent with applicable laws and regulations. |
| G. Use of Big Daw Content |
| Big Daw grants You a limited, terminable, non-exclusive right to view and access a single copy of content available on the Big Daw Website for personal use only. All content on the Big Daw Website is the property of Big Daw or its Licensors and is protected by copyright, trademark and other laws. The contents of the Big Daw Website includes without limitation all data, text, graphics, images, icons, software, trademarks and logos (“Big Daw Content”). |
All copyright, trademark, service mark and other proprietary notices contained in Big Daw Content must be maintained on all copies of content viewed and accessed from the Big Daw Website. Unauthorized use of Big Daw Content is strictly prohibited and may constitute a violation of copyright, trademark and other laws. Users of the Big Daw Website agree not to;
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| H. User Account |
| The Big Daw Website allows You to post and submit information, data, text, messages, advertisements or other materials (“User Content”) through your use of Big Daw Services. All User Content posted, submitted or displayed on the Big Daw Website is your sole responsibility and Big Daw does not claim control or ownership over any User Content. All patent, trademark and copyright to any User Content posted, submitted or displayed on or through the Big Daw Website is retained by You or a third party licensor, as appropriate, and you are responsible for protecting those rights. By submitting, posting or displaying User Content on or through Big Daw Website, you grant Big Daw a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute, and publish such User Content through the Big Daw Website. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, You represent and warrant that you have the right or that the holder of any rights (including moral rights) has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant Big Daw a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Big Daw Services. Big Daw will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Big Daw Website. Big Daw reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion. By submitting, posting or displaying any User Content on the Big Daw Website, You fully, unconditionally, completely permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on Big Daw Website retains any and all rights that may exist in such User Content.Big Daw acts as a passive portal for the online distribution and publication of User Content and has no obligation to screen or monitor User Content posted by any Users. Big Daw, in its sole discretion or if notified by a User, may review User Content posted and to remove or request removal of any User Content that violates these Terms, applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or the rights of or harms or threatens the safety of, Users of the Big Daw Website. Big Daw reserves the right to prevent or terminate User access to the Big Daw Website and/or Big Daw Services for violating these Terms or applicable laws, rules or regulations. Big Daw may take any action with respect to User Content that it deems necessary or appropriate, in its sole discretion. |
| User Content – No Endorsements |
| Any User Content (including other communications) posted, displayed or submitted to the Big Daw Website shall not be considered to be an endorsement, representation or warranty by Big Daw with respect to the truthfulness, accuracy or reliability of that User Content. You acknowledge that any reliance on User Content (including other communications) posted, displayed or submitted to the Big Daw Website will be at your own risk. Big Daw does not independently verify in advance of posting, of submitting or of displaying any information, User Content or the identity of any User on the Big Daw Website. |
| I. Big Daw Website Restrictions |
You should only use the Big Daw Website in accordance with the "Purpose" described in these Terms and not for any other reason (s). By using the Big Daw Website or Big Daw Services You agree that You will not post, upload, submit, store or transmit any information, User Content or any material;
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You are strictly prohibited from;
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| J. Account Registration and Password. |
| You are not required to register a jobseeker or an employer account to view and access publically available pages of the Big Daw Website. A jobseeker (“Jobseeker Account”) or an employer (“Employer Account”) account is necessary to access restricted features and services of the Big Daw Website. To register a jobseeker or an employer account, you will be required to complete our online account registration form and provide certain information. All information you submit must be accurate, truthful, complete and up-to-date. The information you submit will be maintained and used in accordance to the Privacy Policy of Big Daw. If you register a jobseeker or an employer account, You acknowledge and understand that You have no ownership rights in Your account. If You decide to cancel Your account all of Your account information stored in any of the databases of the Big Daw Website will be permanently removed and lost. You are responsible for maintaining the security and confidentiality of your user account and information at all times. You agree that you will not provide your password or account access to the Big Daw Website to any other person or entity. You are wholly responsible for all activities which occur under Your account whether or not authorized by You. You must notify us immediately if You become aware of any unauthorized use of Your password or User account. |
| K. Big Daw’s Liability. |
| Big Daw is not a recruitment or an employment agent and is not involved with the actual transaction between any User of the Big Daw Website. Big Daw acts as a venue for employers to post job opportunities and jobseekers to post resumes and does not control, screen, monitor or sensor any User Content. |
| Big Daw makes no representations or guarantees regarding; |
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| While Big Daw reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Big Daw Website from time to time, Big Daw does not assume any obligation for performance and disclaims any liability for failing to take any action. |
| Internet & Risks |
| You understand that there are risks from using the internet in general and some risks that may result from your use of the Big Daw Website, including without limitation the risk of; |
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By using the Big Daw Website, You assume all risks, Big Daw expects that You exercise caution and common sense at all times, when You are dealing with other Users with whom You come in contact with through Your use of User Content or Big Daw Services. Big Daw has no involvement in any User-to-User dealings of any kind nor do we control the behavior of any of the Users of the Big Daw Website, as a result if a dispute of any nature arises with one or more Users, You release Big Daw (and our affiliates, agents or employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. |
| L. No endorsements or Guaranty of Results |
| The Big Daw Website may be updated or changed at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or any other material posted by You on the Big Daw Website using Your Jobseeker Account. If you are an Employer, you are solely responsible for any jobs that You post on the Big Daw Website using Your Employer Account. Big Daw is not to be considered to be an employer with respect to your use of the Big Daw Website and Big Daw shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Big Daw Website. Big Daw cannot guarantee and does not promise any specific results from use of the Big Daw Website. No advice or information, whether oral or written, obtained by a User from Big Daw through or from the Big Daw Website shall create any warranty not expressly states herein. |
| M. Disclaimer of Warranty. |
| WE TRY TO KEEP THE BIG DAW WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE BIG DAW WEBSITE AND BIG DAW CONTENT AND BIG DAW SERVICES "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE BIG DAW WEBSITE WILL BE SAFE OR SECURE. BIG DAW MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE BIG DAW CONTENT, BIG DAW SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. BIG DAW IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." BIG DAW WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE BIG DAW WEBSITE AND BIG DAW CONTENT AND BIG DAW SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIG DAW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES |
| N. Limitation of Liability. |
| BIG DAW’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BIG DAW WEBSITE, BIG DAW SERVICES OR YOUR USE OF BIG DAW CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100 USD (United States Dollar). |
| O. Links to Other Sites. |
| The Big Daw Website contains links to other web sites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other content or material belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Big Daw, and we are not responsible for any Third-Party Sites accessed through the Big Daw Website or any Third-Party Content posted on, available through the Big Daw Website, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to or permitting the use Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Big Daw Website and access the Third-Party Sites or to use any Third-Party Content, you do so at your own risk and you should be aware that our TOU and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the Big Daw Website. |
| P. No Resale or Unauthorized Commercial Use. |
| You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Big Daw website. |
| Q. Indemnity. |
| You agree to defend, indemnify, and hold harmless Big Daw, its affiliates, and their respective officers, directors, employees and agents, subsidiaries from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to the Big Daw website, (ii) your use of any Big Daw Content, or (iii) your breach of the terms of these Terms. Big Daw shall provide notice to You promptly of any such claim, suit, or proceeding. |
| R. Users Outside the United States. |
| You may be a User that views or accesses the Big Daw Website from outside of the United States. Big Daw makes no claims or representations of any kind or nature that the Big Daw Website, Big Daw Services or Big Daw Content can be lawfully viewed and accessed outside of the United States. If you view or access the Big Daw Website, Big Daw Services or Big Daw Content outside of the United States, You do so solely at Your own risk and You are responsible for compliance with local laws of Your jurisdiction. You also consent to having your personal data transferred to and processed in the United States. If You access and view the Big Daw Website from a country embargoed by the United States or listed on the U.S Treasury Department list of Specially Designated Nationals you should not engage in any commercial activities on the Big Daw Website. |
| S. Governing Law; Venue and Jurisdiction |
| These Terms are governed by the internal substantive laws Of the State of Delaware, United States, without respect to its conflict of laws principles. Jurisdiction for any claims or disputes arising under this Agreement shall lie exclusively with the State or Federal courts within Delaware, United States. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Delaware, United States, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Delaware, United States. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, failure to enforce any term of these Terms by Big Daw shall not be deemed as a waiver of such term or otherwise affect the ability of Big Daw to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Big Daw Website, a particular “Legal Notice”, or software license or material on particular pages of the Big Daw Website, these Terms constitute the entire Agreement between You and Big Daw with respect to the use of the Big Daw Website. No Changes to these Terms shall be made except by a revised posting on this page. |
| T. Arbitration |
| You and Big Daw agree that, except as may otherwise be provided in regard to specific services on the Big Daw Website in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these TOU, the Big Daw Website and/or Big Daw Services shall be final and binding arbitration, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, (b) no disputes or claims relating to any transactions you enter into with any User or a third party through the Big Daw Website may be arbitrated. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. Any award of the arbitrator in favor of You and against Big Daw shall not exceed $100 USD (United States Dollar). You expressly waive any claim in excess of $100 USD and agree that its recovery shall not exceed that amount. Any such award shall be in satisfaction of all claims by You against Big Daw. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, No arbitration or claim under these terms of use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former User of the Big Daw Website or Big Daw Services, and no class arbitration proceedings shall be permitted. |
| U. Term and Termination. |
| All of the Terms contained in this Agreement remain in full force and effect at all times that You are a User of the Big Daw Webiste. Big Daw reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the Big Daw Website and immediate termination of your registration with or ability to access the Big Daw Website and/or any other services provided to You by Big Daw, upon any breach by You of these Terms or if Big Daw is unable to verify or authenticate any information You submit to the Big Daw Website. |
| V. Notices. |
| All notices to Big Daw in regard to any matter arising from or allegedly arising from these TOU, your use of the Big Daw Website, your use of Big Daw Services, or any alleged infringement of copyright, trademark or other intellectual property rights must be given in writing to Big Daw as follows: Legal & Compliance Department Brandywine Plaza West 1521 Concord Pike (US 202) Suite 301 Wilmington, DE 19803 United States Contact Us |
| These Terms constitute a binding agreement between You and Big Daw, and is accepted by You upon your use of the Big Daw Website. |